intentional torts to person/ property

Question 1

battery

Answer 1

1) harmful OR offensive contact
2) with plaintiff’s person

always remember intent and volitional act

Question 2

what is offensive contact?

Answer 2

unpermitted contact for reasonable person

Question 3

what constitutes P’s person?

Answer 3

includes anything connected to P’s person

- construe P’s person very liberal

Question 4

Assault

Answer 4

1) reasonable apprehension of
2) imminent harmful or offensive contact

• Do not confuse apprehension with fear or intimidation
  (ex: the giant P and tiny D, still assault)

Question 5

Are words enough for assault

Answer 5

NO, words alone are not enough. Need words plus conduct.

BUT words can also undo conduct
ie: i would hit you if you werent my brother

Question 6

If there is both battery and assault which one wins?

Answer 6

battery

Question 7

False imprisonment

Answer 7

1) sufficient act of restraint

2) bounded area

Question 8

Sufficient act of restraint for false imprisonment

Answer 8

1) threats are enough
2) inaction is enough if understanding that D would do something
3) time period can be very short

Question 9

Does P need to know they are being confined for false imprisonment

Answer 9

YES, unless they are actually harmed

Question 10

Shoplifting privilege

Answer 10

1) reasonable belief as to thief
2) reasonable manner of detention (no deadly force)
3) reasonable time of detention

Question 11

Bounded area:

Answer 11

P’s freedom of movement in ALL directions, mere inconvenience is not enough

Question 12

When is the P not in bounded area for false imprisonment?

Answer 12

1) when there is a REASONABLE means of escape AND

2) P knows of it

Question 13

Intentional Infliction of Emotional Distress (high exam question)

Answer 13

intent or recklessness

1) extreme and outrageous conduct
2) damages

Question 14

what is extreme for IIED?

Answer 14

conduct must be so extreme. must be above and beyond mere insults

Question 15

When normally non-outrageous conduct becomes outrageous for IIED?

Answer 15

1) conduct is continuous (remains the same but is continuous

2) the type of P
(a) young kid
(b) old fart
(c) pregnant woman
(d) adults with supersentsitivties D knows of

3) type of D
(a) common carriers
(b) innkeepers

Question 16

What about common carries and innkeepers for IIED?

Answer 16

must be a passenger or guest for normally non-outrageous conduct becomes outrageous

Question 17

Damages for IIED (are they required)

Answer 17

YES. physical injury is not required for IIED, but clear proof of substantial emotional distress is.

Question 18

Trespass to land

Answer 18

always remember intent and voluntary act

1) act of PHYSICAL invasion by D
2) on P’s land

Question 19

Act of physical invasion by D (for trespass to land)

Answer 19

Does not require that D personally go on land.

- just need some PHYSICAL object to go on land

Question 20

of P’s land (for trespass to land)

Answer 20

includes not only surface but also, A REASONABLE distance, the space going up and down from surface

Question 21

Difference between trespass to chattels and coversion

Answer 21

chattels: some damage, either takes for reasonable time. Can get damage amount
conversion: destroyed, taken for long period. Get paid in full market value of property

Question 22

Defenses

Answer 22

1) Consent
2) Self Defense
3) Defense of others
4) defense of property
5) necessity

Question 23

Consent (3 step analyze)

Answer 23

1) determine if capacity to consent
2) if express or implied
3) determine if D stayed w/i boundaries of any consent given.

Question 24

Express consent:

Answer 24

words were used. Look for

1) Mistake
2) Fraud
3) Coercion
- if sufficient, these facts undo express consent

Question 25

Implied consent

Answer 25

1) custom or usage (rules of game | 2) P's conduct

Question 26

Steps for defense (self defense, defense of others, defense of property)

Answer 26

1) timing requirement - Tort must now be occurring or just about to occur - if already occurred, no defense 2) Reasonable belief 3) reasonable force

Question 27

What needs to be required for reasonable belief for defense

Answer 27

only need a REASONABLE BELIEF that a tort is being committed. do not have to actually have tort comitted.

Question 28

Is there a duty to retreat before self defense

Answer 28

NO, no in IL as well.

Question 29

What is proper force for self defense?

Answer 29

may use REASONABLE force (including deadly force is need).

Question 30

What is proper force for defense of property

Answer 30

may use REASONABLE force BUT never deadly force just to protect property

Question 31

necessity

Answer 31

ONLY APPLIES TO PROPERTY

Question 32

public necessity

Answer 32

absolute unlimited privilege and no liability

Question 33

private necessity

Answer 33

limited privilege and the D liable for actual damage caused. Necessity prevails over defense of property

Question 34

what is the price for conversion

Answer 34

fair market value AT THE TIME OF THE CONVERSION

Question 35

for IIED do you need PHYSICAL DAMAGES

Answer 35

NO! | - just emotional distress

Question 36

for negligent infliction of emotional distress are physical damages needed

Answer 36

YES | x/c: negligent handling

Question 37

Can the owner of chattel use force to get it back when they lawfully lent it to someone else?

Answer 37

No. W/e another's possession of the O's chattel began lawfully, the O may ONLY use PEACEFUL MEANS to recover the chattel. - Force may be used to recapture a chattel only when it is in "hot pursuit" of one who has obtained possession wrongfully

Question 38

Trespass to land: whom can bring a claim for trespass of land

Answer 38

trespass is interference of right of possession - BROUGHT BY ANYONE IN ACTUAL OR CONSTRUCTIVE possession - even possession w/o title or legal right

Question 39

can a person who does not have possession of title or legal right still bring a trespass claim against someone

Answer 39

YES - can be brought by anyone in actual or constructive possession - even w/o title or legal right

Question 40

implied consent by law for trespass defense

Answer 40

in emergency where person cannot consent, consent given by law

Question 41

what is the replacement cost for conversion

Answer 41

fair market value of chattel at TIME OF CONVERSION

Question 42

landlord duty off premises

Answer 42

GR: landlord owes NO DUTY to off premises natural conditions, but maybe liable for damages caused by unreasonable dangerous artificial conditions or structures abutting adjacent land

Question 43

x/c where landlord owes no duty to off premises

Answer 43

GR: landlord owes NO DUTY to off premises NATURAL conditions, but maybe liable for damages caused by - UNREASONABLE dangerous ARTIFICIAL conditions or structures abutting adjacent land

Question 44

intent element for conversion

Answer 44

For conversion, the only intent required is the intent to perform the act that interferes with the P's right of possession. - Thus wholly innocent, liability may attach where the interference is serious in nature. - even a BFP of chattel may become a converter if the chattel had been stolen from the true owner

Question 45

conversion elements

Answer 45

1) an act by the D interfering with P's right of possession in the chattel 2) intent to perform the act bringing the interference with P's right of possession 3) causation 4) Damages- interference that is serious enough in nature or consequence to warrant that the D pay the full value of the chattel

Question 46

is intent to trespass required for conversion

Answer 46

NO, intent to do the act of interference with the chattel is sufficient for liability. - guilty of conversion when intentionally (volitionally) took - DOES NOT require person to loe or even realize that taken property of another

Question 47

for conversion intent is it DEFENSE to think the item is yours

Answer 47

NO. only intent is the intent to do the act of interference with the chattel is sufficient for liability - only need INTENT to take the chattel - Does not require person to lose or even realize that taken property of another, can be complete accident

Question 48

private necessity damages:

Answer 48

must still pay all damages from entering property. INCLUDING injuries done to O or O of the land. - includes ALL DAMAGES, not just damages of property

Question 49

can trespass to land exist when D remains on P's land after an otherwise lawful right of entry has lapsed

Answer 49

YES

Question 50

prima facie case for false imprisonment

Answer 50

1) an act or omission to act by D that confines or restrains the P to a bounded area 2) intent on part of the D to confine or restrain the P and 3) causation

Question 51

consent implied by law

Answer 51

where the action is necessary to protect an import interest or property

Question 52

for defense of self defense what must it be?

Answer 52

One may act in self-defense not only where there is real danger but also where there is a REASONABLE appearance of danger. - Must have acted as reasonable person would have acted similarly under the circumstances